A driving disqualification (rijontzegging) is an additional penalty in which a criminal court bans you from driving motor vehicles for a set period. Its legal basis is Article 179 of the Road Traffic Act 1994 (Wegenverkeerswet, WVW). A prosecutor can impose a similar ban (rijverbod) in a penal order. Driving while disqualified is itself an offence under Article 9 WVW.
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How long can a disqualification last?
- Up to 5 years for offences such as causing death or injury by negligence, leaving the scene of an accident, drink or drug driving and very dangerous driving.
- Up to 2 years for lighter offences, such as dangerous driving under Article 5 WVW.
- Up to 10 years if a serious offence is repeated within 5 years after a previous final disqualification ended.
The court can suspend all or part of the disqualification.
What is the difference with a prosecutor’s driving ban?
A prosecutor can impose a driving ban of up to 6 months in a penal order (strafbeschikking) without a court hearing (Article 257a Code of Criminal Procedure). You can object within 14 days, which brings the case before a judge. Measures by the CBR, the Dutch driving licence authority, follow a separate administrative route.
What if the police seize my licence?
For serious offences, such as heavy drink-driving, the police seize your licence on the spot under Article 164 WVW. The prosecutor then decides whether it is withheld. Time without your licence is deducted from a later disqualification (Article 179(6) WVW).
Frequently asked questions
Can I still cycle?
Yes. The ban covers motor vehicles, including mopeds that require a licence.
Does it apply to my foreign licence?
Yes, within the Netherlands you may not drive on any licence during the disqualification.
Related terms
Our criminal lawyers assess whether a disqualification or ban in your case is justified and proportionate. Book a free introductory meeting.
